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NCJRS Abstract

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NCJ Number: 141021 Find in a Library
Title: Revision of the Faulty Decisions of Courts
Journal: Acta Juridica  Volume:29  Issue:1-2  Dated:(1987)  Pages:115-131
Author(s): J Nemeth
Date Published: 1987
Page Count: 17
Type: Legislation/Policy Analysis
Format: Article
Language: German
Country: Hungary
Annotation: The article surveys resources in Hungarian law through which faulty court decisions in civil cases can be corrected.
Abstract: The Hungarian legal system knows three ways of correcting faulty civil court decisions: appealing the case to a higher court, reopening a case, and legality supervision procedures. As in many other Socialist countries, the accused, the prosecutor, or anyone else affected by a court decision can appeal a verdict within 15 days. The reopening of the case is an exceptional recourse that can be used only if the trial neglected to consider important evidence, if the presiding judge or the opposing party has violated a law, or if a previous court decision on a similar legal situation was ignored. Legality supervision procedures may be initiated by the chief state prosecutor or the president of the supreme court if a verdict violates an existing law or is unjustified. The article concludes that these legal provisions adequately protect civil legality and justice if they are used properly.
Main Term(s): Appeal procedures
Index Term(s): Foreign laws; Hungary; Judicial review; Sentence review
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